Ask The Editors: Would It Be Legal To Manufacture 3-Wheelers?

Ask The Editors: Would It Be Legal To Manufacture 3-Wheelers?

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Better understanding the CPSC 3-wheeler ban
Smooth criminal?

Dear ATVC: I run a small fabrication shop and have been kicking around the idea of bringing back an (albeit small) production run of 3-wheelers. I haven’t narrowed down the final specifications but I want to build a completely custom chassis and mount it to a new 2-stroke engine then eventually offer an EV option down the road. What I wonder is with all the CPSC crap, is it legal now to produce 3-wheelers? I know The ban ended long ago but I’m not sure how that works.

That’s actually a really good question – the legal system hasn’t been kind at all to the 3-wheeler throughout the years. You’re right in that the initial decree (what is commonly called a ban) prohibited the manufacture and distribution of three wheeled ATVs for a 10-year period beginning in 1988.

So technically, in 1998, you could once again offer 3-wheeleres. However, 10 years later, this changed again. In 2008, the CPSC (CPSIA) revamped ATV safety standards with emphasis on things like age labels, more stickers on our plastic, training programs etc. but they snuck in a section of 3-wheelers too. In it, they make sure 3-wheelers can’t be manufactured without meeting government safety standard testing.

There is a loophole, though and it almost sounds like you’d fall into it. They are targeting OEM / recreation vehicles only. If your machine is built for competition use, it need not worry about the same safety standards. You may have noticed custom 3-heelers at various off-road racing events throughout the year. That’s how they’re accomplishing this.

The other option, like the case with the Mini RCR electric, is to try and classify your wheeler as something different entirely (that’s why it has pedals from the factory and is listed as an e-bike).
Better understanding the CPSC 3-wheeler ban
It may take a little a little extra paperwork when getting started, but you have options.

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